Legal consequences of cashing inheritance check with attached 'contract' relinquishing other rights.

Asked 5 months ago - Santa Clara, CA

Money is being distributed after sale of assets to all heirs. Checks were sent with statement saying that cashing the check will imply my acceptance of the revisions to the family trust and to my transfer of [other rights to property] to the family trust. Is this statement binding? I do not agree with transferring my rights to the other property, nor the revisions. Can I cash my check?

Attorney answers (4)

  1. Christine James

    Contributor Level 19

    3

    Lawyers agree

    Answered . No you should not cash the check and should state your objections in writing ASAP.

  2. Ruth Elaine McMahon

    Contributor Level 18

    4

    Lawyers agree

    Answered . Not until those other issues are solved.

  3. Gregory Paul Benton

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Object to the provisions in writing and say that you are cashing the check even though you are going to object to the provisions and you reserve your rights to object to the revisions.

  4. Gregory Andrew Broiles

    Pro

    Contributor Level 13

    Answered . You should not cash the check, and you should get local counsel to advise you about your rights. There may be important deadlines that you should not miss. Please call my office if you would like to make an appointment. Our office is very close to Santa Clara.

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